LAW ET JUSTICIA LAW REVIEW

VOLUME 1 ISSUE 1

PROBLEMS AND PROSPECTS OF DOMESTIC WORKERS IN THE INDIAN CONTEXT

AUTHORED BY:

Ms. HIMANSHI BHATIA, 

Student,

Law Centre 2, Faculty of Law, University of Delhi

CO-AUTHORED BY:

Mr. VAIBHAV KARADALE, 

Student,

Law Centre 2, Faculty of Law, University of Delhi

ABSTRACT

India, on its way to becoming the most populous nation in the world, consequently harbours a substantial workforce. Formal economy struggling with unemployment propels the workers towards the unorganized sector. Within this sector, standing at the last pedestal are workers engaged in domestic work. Non-recognition by various statutes under labour law as right-bearing workers amplifies the hardships suffered at the hands of their employer. One of the reasons behind their exclusion from Indian labour laws is not considering domestic work as legitimate 'labour' or 'work'. Society conveniently overlooks their service as benevolence from their end. This paper deals with the position of such unnoticed workforce within Indian demography by consolidating their issues, social standing and laws which discusses their plight. A draft named National Policy for Domestic Workers (2016), a significant step towards the legitimacy of domestic workers under various labour laws is under consideration by the Government even after four years of its formulation. Neither international statutes with non-binding conventions nor legislations under municipal law are sufficient for redressal of their grievances and force them to sustain such a vulnerable state of work. Unless there is comprehensive legislation entitling them as “Right-bearing Workers”, mainstream Acts or authorities will be unable to reciprocate benefits of minimum wages, social security etc.

Keywords: Domestic Workers, ILO, Slavery, Caste, Gender, Undervalued, Legislations

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